Criminal
Código Penal 2012 with no death penalty and decriminalised same-sex conduct
The Código Penal (Lei 6/2012) replaced the 1886 Portuguese code, modernising offences and confirming the decriminalisation of same-sex sexual conduct. The death penalty was abolished at independence in 1975.
Key rules
- Jurisdiction — The Tribunal de Primeira Instância tries offences; the Supremo Tribunal de Justiça hears appeals.
- Deadline — Detention reviewed by a judge within 48 hours
Governing law
- Código PenalLei 6/2012
- Código de Processo PenalLei 7/2012
- Constitution art 22 — right to life
In practice
The 2012 code brought the criminal law into the modern era after 126 years of the Portuguese 1886 text, and its express decriminalisation removed a provision that had in practice long gone unenforced.